Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) Unless a Court otherwise directs, no prisoner shall be handcuffed or bound while being taken from the Court premises to a Jail or a Borstal School; Provided that if a Police Officer escorting each prisoner from the Court premises to a Jail or a Borstal School, considers it necessary to do so in exceptional circumstances, such as violence on the part of the prisoner after leaving the Court premises, and cannot get the direction of the Court, he may handcuff or bind such prisoner after leaving the premises. (2) No prisoner shall be handcuffed or bound when being taken from a Jail or a Borstal School to the Court premises, unless the Jailor of the Jail or the Superintendent of the Borstal School otherwise directs in writing. If the Jailor of a Jail or the Superintendent of a Borstal School from which a prisoner is being taken to the Court, considers in the circumstances stated in (1) above necessary to bind or hand cuff the prisoner, he may direct in writing the officer in charge of the escort to do so and the Officer shall obey such directions : Provided that the Officer in charge of the escort may handcuff and/or bind the prisoner when he considers it necessary to do so in exceptional circumstances arising after leaving the Jail or the Borstal School premises and it is not possible to obtain a direction from the Jailor or the Superintendent of the Borstal School or the Court. (4) Before proceeding under clause (a) of rule 3, the Magistrate shall give a written notice to the Commanding Officer of the accused and until the expiry of a period of— (i) three weeks in the case of a notice given to a Commanding Officer in command of a unit or detachment located in any of the following areas of the hill districts of the State of Assam, that is to say— 1. Mizo, 2. Naga Hills 3. Garo Hills, 4. Khasi and Jaintia Hills and 5. North Cachar Hills. (ii) seven days in the case of a notice given to any other commanding officer in command of a unit or detachment located elsewhere in India from the date of the service of such notice, he shall not— (a) convict or acquit the accused under sections 243, 245, 247 or 248 of the Code of Criminal Procedure, 1898 (Act V of 1898), or hear him in his defence under section 244 of the said Code; or (b) frame in writing a charge against the accused under section 254 of the said Code; or (c) make an order committing the accused for trial by the High Court or the Court of Session under section 213 of the Code; or (d) transfer the case for inquiry or trial under section 192 of the said Code. (5) Where within the period of seven days mentioned in rule (4), or at any time thereafter before the Magistrate has done any act or made any order referred to in rule, the Commanding Officer of the accused or competent military, naval or Air Force authority, as the case may be, give notice to the Magistrate that in the opinion of such authority, the accused should be tried by a Court Martial, the Magistrate shall stay proceedings and if the accused is in his power or under his control, shall deliver him with the statement prescribed in Sub-section (1) of Section 549 of the said Code to the authority specified in the said sub-section. (6) Where a Magistrate has been moved by competent military, naval or Air Force authority, as the case may be, under clause (b) of rule (5), and the Commanding Officer of the accused or competent military, naval or Air Force authority, as the case may be, subsequently gives notice to such Magistrate that, prior to the opinion of such authority, the accused should be tried by a Court-Martial, the Magistrate, if he has not before receiving such notice done any act or made any order referred to in rule (4), shall stay proceedings and, if the accused is in his power or under his control, shall in the like manner deliver him, with the statement prescribed in sub-section (1) of section 549 of the said Code to the authority specified in the said sub-section. (7) (i) When an accused person has been delivered by the Magistrate under rules (5) and (6), the Commanding Officer of the accused or the competent military, naval or Air Force authority, as the case may be, shall as soon as may be inform the Magistrate whether the accused has been tried by a Court-Martial or other effectual proceedings have been taken or ordered to be taken against him. (ii) When the Magistrate has been informed under sub-rule (i) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him the Magistrate shall report the circumstances to the State Government which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law. (8) Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to military, naval, or Air Force law has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval or Air Force authorities, the Magistrate may by a written notice require the Commanding Officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded against according to law, or to stay the proceedings against such person before the Court-Martial, if since instituted, and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted. (9) Where a person subject to military, naval or Air Force law has committed an offence which, in the opinion of competent military, naval or Air Force authority, as the case may be, ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government has, on a reference mentioned in Rule (8), decided that proceedings against such person should be instituted before a Magistrate, the Commanding Officer of such person shall after giving a written notice to the Magistrate concerned, deliver such person under proper escort to that Magistrate.